Samuel R. Bagenstos
Professor of Law
University of Michigan Law School
625 S. State Street
Ann Arbor, MI 48109
(734)647-7584
[email protected]
GOVERNMENT EMPLOYMENT
Civil Rights Division, U.S. Department of Justice, Washington, DC (2009-2011)
Principal Deputy Assistant Attorney General (2010-2011)
Deputy Assistant Attorney General (2009)
Supervised the Division’s Appellate, Disability Rights, and Special Litigation Sections. Assisted
the Assistant Attorney General in the overall management of the Division.
Major accomplishments:
• Aided Assistant Attorney General Thomas Perez in the reinvigoration of enforcement
across the range of the Division’s responsibilities.
• Catalyzed the Division’s enforcement of the Supreme Court’s decision in Olmstead v.
L.C., supervising participation in cases in more than 20 states to ensure that people with
disabilities receive services in their homes and communities, and leading final
negotiations of the landmark settlements in United States v. Georgia, and United States v.
Delaware, which will guarantee community-based housing and other services to
thousands of people with psychiatric or developmental disabilities.
• Supervised the promulgation of the 2010 Americans with Disabilities Act Title II and III
regulations, the first comprehensive update to those regulations since the original
versions were promulgated in 1991.
• Personally argued major cases in the federal district courts and courts of appeals,
including defending the constitutionality of Section 5 of the Voting Rights Act in Shelby
County v. Holder.
Justice Ruth Bader Ginsburg, United States Supreme Court, Washington, DC (1997-98)
Law clerk to Justice Ginsburg
Civil Rights Division, U.S. Department of Justice, Washington, DC (1994-97)
Attorney, Appellate Section. Briefed and argued cases in the federal courts of appeals involving
the full range of federal civil rights issues. Drafted Supreme Court briefs in civil rights cases.
Wrote speeches for the Assistant Attorney General for Civil Rights.
Judge Stephen Reinhardt, U.S. Court of Appeals for the Ninth Circuit, Los Angeles, CA
(1993-94)
Law clerk to Judge Reinhardt
Samuel R. Bagenstos
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ACADEMIC EMPLOYMENT
University of Michigan Law School, Ann Arbor, MI
Professor of Law (2009-present) (on leave 2009-summer 2011)
Visiting Professor of Law (Fall Semester, 2008)
UCLA School of Law, Los Angeles, CA (Spring Semester, 2009)
Visiting Professor of Law
Washington University School of Law, St. Louis, MO (2004-2009)
Associate Dean for Research and Faculty Development (2007-2008)
Professor of Law (2004-2009; on leave 2008-2009 school year)
Harvard Law School, Cambridge, MA (1999-2004)
Assistant Professor of Law (2000-2004)
Research Fellow and Lecturer on Law (1999)
Courses Taught at Michigan, UCLA, Washington University, and Harvard:
Civil Rights Litigation, Constitutional Law, Constitutional Litigation, Criminal
Law, Criminal Procedure, Disability Rights Law, Employment Discrimination, Employment
Law, Labor Law, Public Law Theory
LAW SCHOOL AND UNIVERSITY SERVICE
• Lateral Faculty Appointments Committee (Wash. U. Law, 2006-2008)
• Non-Tenured Faculty Appointments (Wash. U.Law , 2007-2008)
• Faculty Appointments (Wash. U. Law, chair, 2005-2006)
• Dean’s Advisory Workgroup on the Research Environment (Wash. U. Law, chair, 2006)
• Coordinator, Outside Faculty Workshops (Wash. U. Law, 2005-2006, 2007-2008)
• University Library Council (Wash. U., 2005-2007)
• Ad Hoc Committee on Tenure Standards (Wash. U. Law, 2004-2005)
• Judicial Clerkships Committee (Wash. U. Law, 2004-2005)
• First-Year Lawyering Program Committee (Harvard Law, 2003-2004)
• Public Service Fellowships Committee (Harvard Law, 2001-2003)
EDUCATION
Harvard Law School
J.D., magna cum laude, June 1993
Honors:
Fay Diploma (awarded to the student who graduates with the highest
combined average for three years of study)
Sears Prize (awarded to the two students with the highest grade averages
in the second-year class)
Activities:
Editor, Harvard Law Review (Articles Office Co-Chair, Vol. 106)
Clinical Externship, U.S. Senate Comm. on Labor and Human Resources
University of North Carolina at Chapel Hill
B.A. with Highest Honors and Highest Distinction, Political Science, May 1990
Honors:
Phi Beta Kappa
Activities:
Volunteer, Chapel Hill-Carrboro Head Start
Board of Directors, student radio station
Samuel R. Bagenstos
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PUBLICATIONS
Articles and Essays
• Subordination, Stigma, and “Disability,” 86 VA. L. REV. 397 (2000)
o excerpted in FOUNDATIONS OF EMPLOYMENT DISCRIMINATION LAW (John J.
Donohue III, ed., 2d ed. 2003)
o cited in Tennessee v. Lane, 541 U.S. 509, 536 (2004) (Ginsburg, J., concurring)
• The Americans with Disabilities Act as Risk Regulation, 101 COLUM. L. REV. 1479
(2001)
• The Americans with Disabilities Act as Welfare Reform, 44 WM. & MARY L. REV. 921
(2003) (invited paper)
o excerpted in THEODORE EISENBERG, CIVIL RIGHTS LEGISLATION (5th ed. 2004)
• “Rational Discrimination,” Accommodation, and the Politics of (Disability) Civil Rights,
89 VA. L. REV. 825 (2003)
• Justice Ginsburg and the Judicial Role in Expanding “We the People”: The Disability
Rights Cases, 104 COLUM. L. REV. 49 (2004) (invited paper)
• The Supreme Court, the Americans with Disabilities Act, and Rational Discrimination,
55 ALA. L. REV. 923 (2004) (invited paper)
• The Future of Disability Law, 114 YALE L.J. 1 (2004)
o selected for presentation in the category of Labor Law and Social Welfare Policy
at the 2004 Stanford/Yale Junior Faculty Forum
• Has the Americans with Disabilities Act Reduced Employment for People with
Disabilities?, 25 BERKELEY J. EMP. & LAB. L. 527 (2004)
• Comparative Disability Employment Law From an American Perspective, 24 COMP.
LAB. L. & POL’Y J. 649 (2003) (published 2004) (invited paper)
• Trapped in the Feedback Loop: A Response to Professor Days, 49 ST. LOUIS U. L.J. 1007
(2005) (invited paper)
• The Promise was Broken: Law as a Negative Force in Bruce Springsteen’s Music, 14
WIDENER L.J. 837 (2005) (invited paper)
• The Structural Turn and the Limits of Antidiscrimination Law, 94 CAL. L. REV. 1 (2006)
o reprinted in 22 CIVIL RIGHTS LITIGATION AND ATTORNEY FEES ANNUAL
HANDBOOK (Steven Saltzman, ed., 2006)
• Disability, Life, Death, and Choice, 29 HARV. J. L. & GENDER 425 (2006)
• Judging the Schiavo Case, 22 CONST. COMMENT. 457 (2005) (published 2006) (invited
paper)
• The Perversity of Limited Civil Rights Remedies: The Case of “Abusive” ADA Litigation,
54 UCLA L. REV. 1 (2006)
o cited in Molski v. M.J. Cable, Inc., 481 F.3d 724 (9th Cir. 2007); Molski v.
Evergreen Dynasty Corp., 500 F.3d 1047 (9th Cir. 2007); Skaff v. Meridien North
America Beverly Hills, LLC, 506 F.3d 832 (9th Cir. 2007); D’Lil v. Best Western
Encina Lodge & Suites, 538 F.3d 1031 (9th Cir. 2008); Angelucci v. Century
Supper Club, 158 P.3d 718 (Cal. 2007); and Raetano v. Kally K’s, Inc., 2009 WL
651808 (M.D. Fla., Mar. 12, 2009)
• Implicit Bias, “Science,” and Antidiscrimination Law, 1 HARV. L. & POL’Y REV. 477
(2007)
Samuel R. Bagenstos
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Articles and Essays, ctd.
• Mandatory Pro Bono and Private Attorneys General, 101 NW. U. L. REV. 1459 (2007)
(invited paper)
o published in online “Colloquy” and in print edition
• Hedonic Damages, Hedonic Adaptation, and Disability, 60 VAND. L. REV. 745 (2007)
(with Margo Schlanger)
• Abolish the Integration Presumption? Not Yet, 156 U. PA. L. REV. PENNUMBRA 157
(2007) (invited paper), available at http://www.pennumbra.com/issues/articles/1544/Bagenstos.pdf
• Spending Clause Litigation in the Roberts Court, 58 DUKE L.J. 345 (2008)
Books and Book Chapters
• LAW AND THE CONTRADICTIONS OF THE DISABILITY RIGHTS MOVEMENT (Yale University
Press 2009) (2009 Outstanding Academic Title, Choice Magazine)
• DISABILITY RIGHTS LAW: CASES AND MATERIALS (Foundation Press 2010)
• US Airways v. Barnett and the Limits of Disability Accommodation, in CIVIL RIGHTS
STORIES (Myriam Gilles & Risa Goluboff, eds., 2007)
• The Judiciary’s Now-Limited Role in Special Education, in FROM SCHOOLHOUSE TO
COURTHOUSE: THE JUDICIARY’S ROLE IN AMERICAN EDUCATION (Joshua Dunn & Martin
West, eds., 2009)
SCHOLARLY PRESENTATIONS
• Faculty workshops at the University of Virginia, University of Southern California,
University of Michigan, Harvard, Cornell, University of Minnesota, University of Texas,
Washington University, Loyola (Los Angeles), Seton Hall, Cardozo, University of
Missouri, UCLA, Brooklyn, University of Nebraska, Duke, Emory, and Ohio State Law
Schools
• Presentations at the University of Texas Constitutional and Legal Theory Colloquium, the
NYU Labor and Employment Law Colloquium, the Yale Workplace Theory and Policy
Seminar, and the University of Chicago Law and Philosophy Seminar. Conference
presentations at: the University of Virginia Law School Americans with Disabilities Act
Conference (2000); the William and Mary Law School Disability and Identity
Symposium (2001); the Columbia Law School Symposium in Celebration of the Tenth
Anniversary of Justice Ruth Bader Ginsburg’s Appointment to the Supreme Courtof the
United States (2003); the University of Alabama Law School Disability Law Symposium
(2003); the Stanford/Yale Junior Faculty Forum (2004); the Childress Memorial
Symposium at St. Louis University (2004); the Widener Law School Bruce Springsteen
and the Law Symposium (2005); the NYU Symposium on Empirical Perspectives on the
Americans with Disabilities Act (2006); the Emory Law School Symposium on Legal
Ethics and Disability (2007); the University of Connecticut Law School Symposium on
the Thirtieth Anniversary of The Id, the Ego, and Equal Protection (2007); the Stanford
Law School Symposium on The Race Card (2008); and the Yale Journal of Law and
Feminism’s Symposium on the 30th Anniversary of the Pregnancy Discrimination Act
(2008)
• Panel presentations at Annual Meetings of the Association of American Law Schools, the
Law and Society Association, and the Society for Disability Studies
Samuel R. Bagenstos
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LITIGATION EXPERIENCE
Overview:
• Argued cases in 10 of the 12 regional federal circuit courts of appeals as well as the
Supreme Court of the United States and several federal district courts.
• Extensive experience defending the constitutionality of federal statutes, including the
Americans with Disabilities Act, the Voting Rights Act, and the National Voter
Registration Act
• Briefed and argued cases involving virtually all areas of civil rights law, as well as the
application of complex federal statutes such as the Medicaid Act
• Supervised all of the appellate work of the Civil Rights Division of the United States
Department of Justice, as well as the trial-court litigation of the Division’s Disability
Rights and Special Litigation Sections, while Principal Deputy Assistant Attorney
General and Deputy Assistant Attorney General
Cases Argued:
• United States v. Georgia, 546 U.S. 151 (2006) (for petitioner Tony Goodman)
(constitutionality of the Americans with Disabilities Act’s abrogation of sovereign
immunity)
• Chevron U.S.A. Inc. v. Echazabal, 536 U.S. 73 (2002) (for respondent Mario Echazabal)
(threat-to-self defense under the Americans with Disabilities Act)
• Gonzalez v. Arizona, Nos. 08-17094, -17115 (9th Cir., argued June 21, 2011) (en banc)
(for amicus United States) (challenge under the National Voter Registration Act to state
citizenship-verification requirements for voter registration)
• Disability Advocates, Inc. v. Cuomo, No. 10-235 (2d Cir., argued Dec. 8, 2010) (for
intervenor-appellee United States) (Americans with Disabilities Act challenge to
institutionalization of people with mental illness in adult care homes)
• Frame v. City of Arlington, ___ F.3d ___ (5th Cir. 2011) (en banc) (for amicus United
States) (application of Title II of the Americans with Disabilities Act to inaccessible
public sidewalks)
• Chapman v. Pier 1 Imports (U.S.), Inc., 631 F.3d 939 (9th Cir. 2011) (en banc) (for
amicus United States) (standing to sue under Title III of the Americans with Disabilities
Act)
• Alaska v. EEOC, 564 F.3d 1062 (9th Cir. 2009) (en banc) (for intervenor Margaret Ward)
(constitutionality of the Government Employee Rights Act’s abrogation of sovereign
immunity)
• Brown v. Tennessee Dept. of Finance & Administration, 561 F.3d 542 (6th Cir. 2009)
(for plaintiffs-appellees Lakersko Brown et al.) (validity of Medicaid consent decree)
• Missouri Protection & Advocacy Servs. v. Carnahan, 499 F.3d 803 (8th Cir. 2007) (for
appellants Missouri Protection & Advocacy Services and Robert Scalletty) (constitutional
and statutory challenge to ban on voting by people under guardianship)
• Iowa Protection & Advocacy Servs. v. Tanager Place, 427 F.3d 541 (8th Cir. 2005) (for
appellee Iowa Protection & Advocacy Services) (Fourth Amendment challenge to
Protection and Advocacy for Individuals with Mental Illness Act)
• Kiman v. New Hampshire Dep’t of Corrections, 332 F.3d 29 (1st Cir. 2003) (en banc)
(for appellant Matthew Kiman) (constitutionality of Americans with Disabilities Act’s
abrogation of sovereign immunity)
Samuel R. Bagenstos
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Cases Argued, ctd.
• Volvo GM Heavy Truck Corp. v. U.S. Dept. of Labor, 118 F.3d 205 (4th Cir. 1997) (for
appellees U.S. Dept. of Labor et al.) (exhaustion of remedies in challenge to proceedings
by Office of Federal Contract Compliance Programs)
• Paralyzed Veterans of America v. D.C. Arena L.P., 117 F.3d 579 (D.C. Cir. 1997) (for
United States as amicus curiae) (accessibility of sports arena under Americans with
Disabilities Act)
• Abbott v. Bragdon, 107 F.3d 934 (1st Cir. 1997) (for United States as amicus curiae)
(HIV-baseddiscrimination under Americans with Disabilities Act)
• Cissell Mfg. Co. v. U.S. Dept. of Labor, 101 F.3d 1132 (6th Cir. 1996) (for appellant U.S.
Dept. of Labor) (challenge to agency jurisdiction in Office of Federal Contract
Compliance Programs proceedings)
• United States v. Ridge, 96 F.3d 1436 (3d Cir. 1996) (for appellant United States)
(challenge under Civil Rights of Institutionalized Persons Act to conditions in
developmental disabilities facility)
• Bridges v. City of Bossier, 92 F.3d 329 (5th Cir. 1996) (for United States as amicus
curiae) (definition of disability under Americans with Disabilities Act)
• White v. State of Alabama, 74 F.3d 1058 (11th Cir. 1996) (for United States as amicus
curiae) (validity of settlement of Voting Rights Act challenge to judicial election system)
• Voting Rights Coalition v. Wilson, 60 F.3d 1411 (9th Cir. 1995) (for appellees Janet Reno
et al.) (argued motion for stay and presented subsequent argument on the merits)
(constitutionality of the National Voter Registration Act)
• Shelby County v. Holder, ___ F. Supp.2d ___ (D.D.C. 2011) (for defendant Eric Holder)
(argued motion for summary judgment) (constitutionality of Section 5 of the Voting
Rights Act)
• United States v. Erie County, 724 F. Supp.2d 357 (W.D.N.Y. 2010) (for plaintiff United
States) (argued motion to dismiss) (challenge to jail conditions under the Civil Rights of
Institutionalized Persons Act)
• Evans v. Fenty, 701 F. Supp.2d 126 (D.D.C. 2010) (for plaintiff-intervenor United States)
(argued Rule 60(b) motion to vacate injunctive relief) (standards for vacating injunction
in long-running institutional reform case)
• Disability Rights New Jersey v. Velez, No. 05-4723 (D.N.J., Sept. 24, 2010) (for
intervenor and amicus United States) (argued summary judgment motion) (challenge
under Title II of the Americans with Disabilities Act to unnecessary institutionalization of
people with developmental disabilities)
• Clinton L. v. Cansler, No. 1:10CV00123 (M.D.N.C., Feb. 17, 2010) (for interested party
United States) (argued motion for preliminary injunction) (challenge under Title II of the
Americans with Disabilities Act to cuts in community services for individuals with
disabilities)
Cases Briefed (Selected)
Supreme Court—Merits Stage
• Chamber of Commerce v. Whiting, 131 S. Ct. 1968 (2011) (for amicus United States)
(preemption of state law regulating the employment of unauthorized immigrants)
• Sossamon v. Texas, 131 S. Ct. 1651 (2011) (for amicus United States) (state sovereign
immunity against suits under the Religious Land Use and Institutionalized Persons Act)
Samuel R. Bagenstos
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Supreme Court—Merits Stage, ctd.
• Staub v. Proctor Hosp., 131 S. Ct. 1186 (2011) (for amicus United States) (“cats-paw”
liability under the Uniformed Services Employment and Reemployment Rights Act)
• Thompson v. North American Stainless, LP, 131 S. Ct. 863 (2011) (for amicus United
States) (third-party retaliation under Title VII of the Civil Rights Act of 1964)
• Lewis v. City of Chicago, 130 S. Ct. 2191 (2010) (for amicus United States) (statute of
limitations for a disparate impact claim under Title VII of the Civil Rights Act of 1964)
• Northwest Austin Municipal Utility Dist. No. 1 v. Holder, 129 S. Ct. 2504 (2009) (for
amici Nicholas deB. Katzenbach et al.) (brief for former Justice Department officials
defending constitutionality of 2006 amendments to the Voting Rights Act)
• Crawford v. Marion County Election Board, 553 U.S. 181 (2008) (for amici R. Michael
Alvarez et al.) (brief for political scientists supporting challenge to voter identification
law)
• Spector v. Norwegian Cruise Line Ltd., 545 U.S. 119 (2005) (for petitioners Douglas
Spector et al.) (application of the Americans with Disabilities Act to cruise ship facilities)
• Tennessee v. Lane, 541 U.S. 509 (2004) (for respondents George Lane and Beverly
Jones) (constitutionality of the Americans with Disabilities Act’s abrogation of sovereign
immunity)
• Medical Board v. Hason, 538 U.S. 958 (2003) (for amici Matthew Kiman and Joseph
Popovich) (constitutionality of the Americans with Disabilities Act’s abrogation of
sovereign immunity)
• PGA Tour, Inc. v. Martin, 532 U.S. 661 (2001) (for amici National Assn. of Protection
and Advocacy Systems et al.) (application of the Americans with Disabilities Act to
professional sports)
• Reno v. Bossier Parish Sch. Bd., 520 U.S. 471 (1997) (for appellant Janet Reno)
(standard for preclearance under Section 5 of the Voting Rights Act)
• Young v. Fordice, 520 U.S. 273 (1997) (for amicus United States) (determining what is a
covered change under Section 5 of the Voting Rights Act)
• Schenck v. Pro-Choice Network, 519 U.S. 357 (1997) (for amicus United States) (First
Amendment limitations on injunction against picketing)
• Bush v. Vera, 517 U.S. 952 (1996) (for appellant United States) (application of “racial
gerrymandering” doctrine to congressional redistricting)
• Morse v. Republican Party of Virginia, 517 U.S. 186 (1996) (for amicus United States)
(coverage of political parties under Section 5 of the Voting Rights Act)
Supreme Court—Petition Stage
• Ruiz-Rivera v. Pfizer Pharmaceuticals LLC., No. 07-1598 (2008) (for petitioner Delia
Ruiz Rivera) (Court denied certiorari) (proof of “regarded as” disabilities under the
Americans with Disabilities Act)
• Huber v. Wal-Mart Stores, Inc., 128 S. Ct. 1116 (2008) (for petitioner Pam Huber) (case
dismissed on settlement after the Court granted certiorari) (reassignment as a reasonable
accommodation under the Americans with Disabilities Act)
• Irving N. v. Rhode Island Dept. of Children, Youth & Families, 127 S. Ct. 1372 (2007)
(for petitioners Irving N. et al.) (Court denied certiorari) (application of the Americans
with Disabilities Act to termination of parental rights proceedings)
Samuel R. Bagenstos
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Supreme Court—Petition Stage, ctd.
• Gonzales v. Tchoukhrova, 127 S. Ct. 57 (2006) (for respondents Victoria Tchoukhrova et
al.) (government granted clients asylum after Court granted certiorari, vacated, and
remanded) (asylum of parent based on persecution of child with a disability)
• United States v. Nebraska Dept. of Health & Human Services Finance & Support, 547
U.S. 1067 (2006) (for respondents Bill M. et al. in support of the petition for certiorari)
(Court granted certiorari, vacated, and remanded) (constitutionality of the Americans
with Disabilities Act’s abrogation of sovereign immunity)
• Guttman v. Khalsa, 546 U.S. 801 (2005) (for petitioner Stuart Guttman) (Court granted
certiorari, vacated, and remanded) (application of Rooker-Feldman doctrine)
Other Courts
• R.K. v. Board of Educ., No. 11-5070 (6th Cir., pending) (for amicus United States)
(challenge under Section 504 of the Rehabilitation Act to refusal to allow child with
diabetes to attend neighborhood school)
• Doe v. Lower Merion Sch. Dist., No. 10-3824 (3d Cir., pending) (for amicus United
States) (application of Supreme Court’s Parents Involved decision to a school districting
plan that took race into account in setting attendance zones but did not classify individual
students by race)
• LaRoque v. Holder, 650 F.3d 777 (D.C. Cir. 2011) (for defendant-appellee Eric Holder)
(standing to challenge constitutionality of Section 5 of the Voting Rights Act)
• Equal Rights Center v. Post Properties, Inc., 633 F.3d 1136 (D.C. Cir. 2011) (for amicus
United States) (standing to sue under the Fair Housing Act)
• Hollonbeck v. United States Olympic Committee, 513 F.3d 1191 (10th Cir. 2008) (for
amici Disability Rights Educ. & Defense Fund et al.) (application of the Rehabilitation
Act to decision to provide less support to Paralympic athletes than Olympic athletes)
• Sandusky County Democratic Party v. Blackwell, 387 F.3d 565 (6th Cir. 2004) (for
plaintiffs-appellees Sandusky County Democratic Party et al.) (application of Help
America Vote Act’s provisional ballot requirements)
• Leibovitz v. New York City Transit Auth., 252 F.3d 179 (2d Cir. 2001) (for amicus
National Employment Lawyers Assn.) (standards for Title VII claim based on sexual
harassment of coworker)
• Nelson v. Miller, 170 F.3d 641 (6th Cir. 1999) (for amicus United States) (application of
Americans with Disabilities Act to voting)
• Coalition for Economic Equity v. Wilson, 122 F.3d 692 (9th Cir. 1997) (for amicus
United States) (constitutionality of California’s Proposition 209)
• Burkhart v. Washington Metropolitan Area Transit Auth., 112 F.3d 1207 (D.C. Cir.
1997) (for amicus United States) (application of Americans with Disabilities Act to
public transit)
• Pro-Choice Network v. Schenck, 67 F.3d 377 (2d Cir. 1995) (for amicus United States)
(First Amendment limitations on injunction against picketing)
• Association of Community Organizations for Reform Now (ACORN) v. Edgar, 56 F.3d
791 (7th Cir. 1995) (for appellee United States) (constitutionality of National Voter
Registration Act)
•
Samuel R. Bagenstos
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Other Courts, ctd.
• American Nurses Assn. v. O’Connell, No. S184583 (Cal., pending) (for amicus United
States) (preemption under Individuals with Disabilities Education Act, Americans with
Disabilities Act, and Rehabilitation Act of state law prohibiting trained non-nursing
school staff from providing insulin injections to children with diabetes)
• Police Commissioner v. Gows, 705 N.E.2d 1126 (Mass. 1999) (for appellee Sandra
Harris Gows) (attorneys’ fees for enforcement of court order)
• In Re: Zyprexa Products Liability Litig., No. 1:04md01596 (E.D.N.Y.) (for applicants for
intervention United States Psychiatric Rehabilitation Association et al.) (confidentiality
of documents provided in tort litigation discovery)
• United States v. City of Columbus, No. C2-99-1097 (S.D. Ohio) (for amici curiae John
Conyers et al.) (standard of municipal liability under federal police misconduct statute,
42 U.S.C. § 14141)
TESTIMONY
• Women’s Rights Are Human Rights: U.S. Ratification of The Convention on the
Elimination of All Forms of Discrimination Against Women, Hearing Before the
Subcommittee on Human Rights and the Law, United States Senate Committee on the
Judiciary (Nov. 18, 2010)
• Achieving the Promise of the Americans with Disabilities Act in the Digital Age –
Current Issues, Challenges, and Opportunities, Hearing Before the Subcommittee on the
Constitution, Civil Rights, and Civil Liberties, United States House Committee on the
Judiciary (April 22, 2010)
• Human Rights at Home: Mental Illness in U.S. Prisons and Jails, Hearing Before the
Subcommittee on Human Rights and the Law, United States Senate Committee on the
Judiciary (September 15, 2009)
• Determining the Proper Scope of Coverage for the Americans with Disabilities Act,
Hearing Before the United States Senate Committee on Health, Education, Labor, and
Pensions (July 15, 2008)
• The Fair Pay Restoration Act: Ensuring Reasonable Rules in Pay Discrimination Cases,
Hearing Before the United States Senate Committee on Health, Education, Labor, and
Pensions (Jan. 24, 2008)
• Employment of People with Mental Disabilities, Hearing Before the United States Equal
Employment Opportunity Commission (March 15, 2011)
• Re: Laetitia Burkes, Arbitration Before American Airlines Flight Attendant System
Board of Adjustment (July 2007)
Samuel R. Bagenstos
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AWARDS
Advocacy Award, National Assn. of Protection and Advocacy Systems (2001)
Special Commendation, Civil Rights Division, U.S. Dept. of Justice (1996)
Special Achievement Award, Civil Rights Division, U.S. Dept. of Justice (1995)
OTHER PROFESSIONAL ACTIVITIES
Executive Board Member, Disability Rights Bar Association (2011-present)
Legal Working Group, Workplace Flexibility 2010 (2006-2007)
Co-Chair, AALS Section on Disability Issues (2007)
Faculty Advisor, Washington University chapter of the American Constitution Society
Maintain Disability Law Blog, http://disabilitylaw.blogspot.com/
Frequently advise civil rights lawyers and organizations on appellate strategy, particularly in
opposing certiorari petitions in the Supreme Court
Frequently speak at professional conferences, including the American Constitution Society
annual conference, the annual meeting of the National Disability Rights Network, etc.
Consulted on and participated in election law litigation for, among others, the Obama and Kerry
campaigns and the Missouri Democratic Party